camden local planning panel

Camden Local Planning Panel

Electronic Determination August 2021

This is the report submitted to the Camden Local Planning Panel - Electronic Determination - Page 5

CAMDEN LOCAL PLANNING PANEL

MATTERS FOR DETERMINATION

CLPP01 DA/2021/227/1 - Partial Demolition and Alterations and Additions to the Existing Fire Damaged Building ................................................... 6

Attachment 1: LEP Assessment Table - 63 Argyle Street, Camden: ...... 18

Attachment 2: DCP Assessment Table - 63 Argyle Street, Camden: ..... 21

Attachment 3: Recommended Conditions - 63 Argyle Street, Camden: ......................................................................... 28

Attachment 4: Architectural Plans - 63 Argyle Street, Camden: ............. 42

Attachment 5: Clause 4.6 Written Request - 63 Argyle Street, Camden: ......................................................................... 60

CLPP02 DA/2021/456/1 - Construction of a Two-Storey Dwelling House with Ancillary Swimming Pool and Associated Site Works - 6 Dunstan Street, Oran Park ..................................................................... 66

Attachment 1: SEPP Assessment Table - 6 Dunstan Street, Oran Park: ............................................................................... 82

Attachment 2: DCP Assessment Table - 6 Dunstan Street, Oran Park: ............................................................................... 91

Attachment 3: Recommended Conditions - 6 Dunstan Street, Oran Park: ............................................................................... 94

Attachment 4: Architectural Plans - 6 Dunstan Street, Oran Park: ....... 109

Attachment 5: Clause 4.6 Written Request - 6 Dunstan Street, Oran Park: ............................................................................. 117


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CAMDEN LOCAL PLANNING PANEL CLPP01

SUBJECT: DA/2021/227/1 - PARTIAL DEMOLITION AND ALTERATIONS AND ADDITIONS TO THE EXISTING FIRE DAMAGED BUILDING

TRIM #: 21/386438

DA Number: DA/2021/227/1

Development: Partial demolition and alterations and additions to the existing fire damaged building

Estimated Cost of Development:

$517,000

Site Address(es): 63 Argyle Street, Camden

Applicant:

Owner(s):

Number of Submissions: One (1) submission

Development Standard Contravention(s):

Clause 4.3 - Height of buildings

Classification: Local

Recommendation: Approve with conditions

Panel Referral Criteria: Departure from development standard by more than 10%

Report Prepared By: Clare Aslanis – Executive Planner

PURPOSE OF REPORT The purpose of this report is to seek the Camden Local Planning Panel’s (the Panel’s) determination of a development application (DA) for the partial demolition and alterations and additions to the existing fire damaged building at 63 Argyle Street, Camden. The Panel is to exercise Council’s consent authority functions for this DA as, pursuant to the Minister for Planning’s Section 9.1 Direction, it is a development that contravenes a development standard by more than 10%. SUMMARY OF RECOMMENDATION That the Panel determine DA/2021/227/1 for the partial demolition and alterations and additions to the existing fire damaged building pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 by granting consent, subject to the conditions attached to this report.


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EXECUTIVE SUMMARY Council is in receipt of a DA for the partial demolition and alterations and additions to the existing fire damaged building at 63 Argyle Street, Camden. The DA has been assessed against the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, relevant environmental planning instruments, development control plans and policies. The DA was publicly exhibited for a period of 14 days in accordance with Camden Development Control Plan 2019. The exhibition period was from 18 March to 31 March 2021 and one submission was received. The submission was generally supportive of the development, however requested that a tree be planted on the site and the gravel car park be retained. The proposal exceeds the maximum height of buildings development standard (7 metres) applicable to the site. The contravention is assessed in detail in this report and is supported by Council staff. Based on the assessment, it is recommended that the DA be approved subject to the conditions attached to this report. KEY PLANNING CONTROL VARIATIONS

Control Proposed Variation

Clause 4.3 Height of Buildings – Camden Local Environmental Plan 2010 – 7m.

7.781m 781mm (11%)

9 off-street car parking spaces

8 off-street car parking spaces 1 space


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AERIAL PHOTO

Figure 1: Aerial image of the subject site (bordered in red) THE SITE The subject site is known as 63 Argyle Street, Camden and is legally described as Lot 1 in DP 713261. The subject site is located in the commercial centre of Camden on land zoned B2 Local Centre and has a visible frontage to Larkin Place. The site contains the remnants of a two-storey commercial building and is within the Camden Heritage Conservation Area. A significant portion of the commercial building has been destroyed by fire and is currently unroofed, with only front and side walls remaining. The previously existing building was two storeys in height with original double hipped corrugated iron roofing, projecting brick chimneys, and front awnings with federation style balcony above. The building contributes positively to the Camden Heritage Conservation Area and the streetscape of Argyle Street.


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Figure 2: Aerial image of previously existing building (source: Nearmap) ZONING PLAN

Figure 3: Zoning map of the subject site (bordered in red)


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HERITAGE MAPPING

Figure 4: Heritage map of the subject site (bordered in red) HISTORY The relevant development history of the site is summarised in the following table:

Date Development

Early 1900s The subject building was constructed with a ground floor commercial tenancy and residence on the first floor.

January 2003 DA/2002/237/1 – Consent was granted for the change of use to a real estate agency with signage.

November 2005

DA/2004/1289/1 – Consent was granted for the change of use for the first floor from residential to a commercial office.

July 2020 PDM/2020/46/1 – Pre-lodgement advice was provided for the partial demolition of existing structure and construction of two storey additions at the rear of site with internal alterations.

August 2020 The building was substantially damaged by fire

September 2020

NO/2020/209/1 – An Emergency Order was issued by Council to engage a structural engineer and asbestos assessor, and to make the site safe. All unsalvageable material was removed from the site. The front façade was able to be retained with propping by steel beams.

September 2020

NO/2020/219/1 – An Emergency Order was issued by Council following the outcome of specialist reports. This Order required compliance with structural engineer’s advice to install hoardings.


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THE PROPOSAL DA/2021/227/1 seeks approval for the partial demolition and alterations and additions to the existing fire damaged building. Specifically, the development involves:

• Removal of ground floor doors and windows with replacement doors and windows to be installed;

• Reconstruction of a two-storey building with rear addition, comprising a total gross floor area (GFA) of 357.8m2 (ground floor – 191.15m2, and first floor 166.61m2) to create two office tenancies (note: the proposed building is larger than the previously existing building that was destroyed by fire);

• Retention of front façade including all brick work, front balcony and awning;

• Reconstruction of metal sheet roofing to match the original form at the front and a flat roof to the rear addition;

• Construction of an at-grade car parking area to accommodate eight car parking spaces, including one accessible space;

• Associated drainage; and

• Associated landscaping. The estimated cost of the development is $517,000. ASSESSMENT Environmental Planning and Assessment Act 1979 - Section 4.15(1) In determining a DA, the consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the DA: (a)(i) the provisions of any environmental planning instrument The environmental planning instruments that apply to the development are: State Environmental Planning Policy No.55 – Remediation of Land SEPP 55 provides a State-wide planning approach to the remediation of contaminated land. Clause 7 of SEPP 55 requires the consent authority to consider if the site if contaminated. If the site is contaminated, the consent authority must be satisfied that it is suitable in its contaminated state for the development. If the site requires remediation, the consent authority must be satisfied that it will be remediated before the land is used for the development. The subject site has historically been used as a mixed-use development, containing commercial and residential uses. Based on the previous uses of the site, the land is not considered to be contaminated.


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Prior to the lodgement of the DA, an Emergency Order under Section 124 of the Local Government Act 1993 was issued to the owner of the site requiring an immediate inspection by a Structural Engineer, implementation of a formal exclusion zone, asbestos assessment, installation of safety fencing and to make the site safe. An additional Emergency Order under Section 124 of the Local Government Act 1993 was issued to the owner to undertake works, in accordance with the recommendations of those reports. All make safe works and asbestos removal have occurred between September and November 2020. Certificates have been issued by an Asbestos Assessor and the site / structure is suitable for people to occupy. Notwithstanding the above, a standard contingency condition is recommended that requires any contamination found during construction be managed in accordance with Council's Management of Contaminated Lands Policy. Camden Local Environmental Plan 2010 (Camden LEP) Site Zoning The site is zoned B2 Local Centre pursuant to Clause 2.2 of the Camden LEP. Land Use/Development Definitions The proposed development will facilitate the future use of the site as a “office premises” as defined by the Camden LEP. Permissibility The use as a “office premises” is permitted with consent pursuant to clause 2.6 of the Camden LEP. Planning Controls An assessment table in which the development is considered against the Camden LEP’s planning controls is provided as an attachment to this report. Clause 4.3 – Height of Buildings Pursuant to clause 4.3 of Camden Local Environmental Plan 2010 a maximum height of buildings development standard of 7 metres is prescribed for the site. The proposed development has a maximum building height of 7.781 metres, contravening the development standard by 0.781 metres or 11%. Pursuant to Clause 4.6(3) of the LEP, the applicant has submitted a written request that seeks to justify the contravention of the development standard. Pursuant to Clause 4.6(4) of the LEP, Council staff are satisfied that:

• The applicant’s written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3) of the LEP; and


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• The development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zones in which the development is proposed to be carried out.

In accordance with Clause 4.6(3), the applicant requests that the height of buildings development standard be varied in this instance. The applicant’s written request, which is attached to this report, submits that compliance with the development standard is unreasonable and unnecessary as the proposed development is consistent with, and does not erode the underlying intent of the zoning and building height control objectives. More specifically the applicant submits that:

“The roof form of the front portion of the building will be reinstated, in terms of both pitch and height, and therefore reinforces the desired planning and conservation principle of preserving the existing streetscape characteristics” and, “The rear portion of the site is oriented to the north and there is no adverse impact on solar access, windows are oriented to the streets and driveway areas for natural light, internal amenity and the provision of passive surveillance.”

It is assessed that the proposal results in a preferable outcome on the site when compared to a strictly compliant scheme. The proposal achieves a superior design which ties in with the established streetscape and more closely aligns with the original heritage significant building. It is also noted that the proposed building height compares favourably to those of adjoining and surrounding buildings. It is considered that the applicant’s written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3) of the Camden LEP, and the development will be in the public interest because it is consistent with the objectives of the height of buildings standard and the B2 Local Centre zone, as outlined below:

Clause 4.3 Height of Buildings Objectives

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

The proposed height contravention is due to the height of the existing façade / original building. The building, which is a contributory item within the Camden Town Centre Heritage Conservation Area, was constructed in the early 1900s and its reinstatement is desirable form a heritage perspective. The rear portion of the building also contravenes the height of buildings development standard, however this height is influenced by the reinstatement of the front portion of the building. The flat roof with parapet ensures that the visual focus remains towards the historic part of the building. (b) to minimise the visual impact, disruption of views, loss of privacy and loss of

solar access to existing development, As above, the existing facade / original building plays an important role in informing the character of Argyle Street and the Camden Town Centre Heritage Conservation Area. Support of the contravention will ensure that views and visual character are upheld. No additional solar access nor privacy impacts will result from the height contravention.


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(c) to minimise the adverse impact of development on heritage conservation areas

and heritage items, As the proposal involves partial restoration of a contributory building, the development will contribute positively to the heritage conservation area.

B2 Local Centre Objectives

1. To provide a range of retail, business, entertainment and community uses that

serve the needs of people who live in, work in and visit the local area. The reconstruction of the building and extension will facilitate the ongoing office use of the building. 2. To encourage employment opportunities in accessible locations. As discussed above, the proposal will enable the existing office uses to recommence and thus facilitate employment opportunities within the Town Centre. 3. To maximise public transport patronage and encourage walking and cycling. The proposed restoration works and building extensions do not impede on public transport patronage nor walkability of the Town Centre. 4. To ensure that mixed use developments present an active frontage to the

street by locating business, retail and community uses at ground level. The existing building provides an active street frontage with a ground floor office shopfront with a covered awning. 5. To minimise conflict between land uses within the zone and land uses within

adjoining zones. The proposal does not result in any land use conflicts for the locality. 6. To enable other land uses that are complementary to and do not detract from

the viability of retail, business, entertainment and community uses within the zone.

The subject development contributes positively to the vitality of the Camden Town Centre.

The assumed concurrence of the Secretary has been issued for variations of this nature under Planning Circular PS 20-002 issued 5 May 2020. Consequently, it is recommended that the Panel support this proposed contravention to the Camden LEP. (a)(ii) the provisions of any proposed instrument that is or has been the subject

of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved)


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Draft Environment State Environmental Planning Policy (Draft Environment SEPP) The development is consistent with the Draft Environment SEPP in that there will be no detrimental impacts upon the Hawkesbury-Nepean River system as a result of it. (a)(iii) the provisions of any development control plan Camden Development Control Plan 2019 (Camden DCP) An assessment table in which the development is considered against the Camden DCP is provided as an attachment to this report. The proposal is generally compliant with the objectives and controls contained in the DCP and any variations are further addressed below. Part 2.18 Car Parking The applicant proposes a variation to Part 2.18 of the Camden DCP regarding off-street car parking provision. The Camden DCP requires office premises to provide 1 car parking space per 40m² of gross floor area (GFA). The development will have a GFA of 357.76m² which equates to a parking space requirement of 8.944 (9). The applicant proposes to provide eight (8) parking spaces resulting in a one space variation to the DCP’s requirement. Council staff have assessed the variation to the Camden DCP and recommend that it be supported for the following reasons:

• The variation is relatively minor;

• The subject site is located in the heart of the Camden Town Centre with access to on-street car parking and multiple Council car parks which will adequately provide for any overflow parking demands from the development; and

• Clause 2.18.2(1) Monetary Contributions In Lieu Of Off-Street Parking allows for Council, at its discretion, to accept a monetary contribution pursuant to Section 7.11 of the EP&A Act, in lieu of off-street parking being provided as part of the development.

Consequently, it is recommended that the Panel support this proposed variation to the Camden DCP subject to a recommended condition that requires the applicant to pay the relevant Section 7.11 contribution prior to the issue of any construction certificate. A condition of consent is also proposed that restricts the ability to use the subject premises as a retail shop under the exempt provisions contained in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. If the ground floor tenancy was used for retail purposes it would generate a higher parking demand (11 spaces in lieu of the 9 spaces described above) under Camden DCP. This restriction confirms the applicant’s proposal for the tenancies to be used for office purposes only. (a)(iiia) the provisions of any planning agreement that has been entered into

under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4


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No relevant planning agreement or draft planning agreement exists or has been proposed as part of this DA. (a)(iv) the regulations (to the extent that they prescribe matters for the purposes

of this paragraph) The Environmental Planning and Assessment Regulation 2000 prescribes several matters that are addressed in the conditions attached to this report. (b) the likely impacts of the development, including environmental impacts on

both the natural and built environments, and social and economic impacts in the locality

As demonstrated by the above assessment, the development is unlikely to have any unreasonable adverse impacts on either the natural or built environments, or the social and economic conditions in the locality. The proposal will serve to allow for two commercial tenancies to return to trading and contribute to the vibrancy of the Town Centre. All works are sympathetic to the heritage values of the site and locality and will contribute positively to Camden Town Centre Heritage Conservation Area. (c) the suitability of the site for the development As demonstrated by the above assessment, the site is considered to be suitable for the development. (d) any submissions made in accordance with this Act or the regulations The DA was publicly exhibited for a period of 14 days in accordance with Camden Development Control Plan 2019. The exhibition period was from 18 March to 31 March 2021. One submission was received supporting the development, subject to the retention of the existing gravel car parking area and the planting of a tree at the rear of the site. The gravel car parking area is proposed to be retained and the landscaping plan proposes a tree in the rear courtyard. An additional condition of consent recommends a specific tree species that will be appropriate within the heritage conservation area and for the location within the site that it is to be planted. (e) the public interest The public interest is served through the detailed assessment of this DA under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, environmental planning instruments, development control plans and policies. Based on the above assessment, the development is consistent with the public interest. EXTERNAL REFERRALS No external referrals were required for this DA. FINANCIAL IMPLICATIONS This matter has no direct financial implications for Council.


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CONCLUSION The DA has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and all relevant instruments, plans and policies. The DA is recommended for approval subject to the conditions attached to this report.

RECOMMENDED

That the Panel: i. support the applicant’s written request lodged pursuant to Clause 4.6(3) of

the Camden Local Environmental Plan 2010 to the contravention of the maximum height of building development standard in Clause 4.3 of the Camden Local Environmental Plan 2010; and

ii. approve DA/2021/227/1 for the partial demolition and alterations and

additions to the existing fire damaged building at 63 Argyle Street, Camden, subject to the conditions attached to this report.

REASONS FOR DETERMINATION

1. The Panel has considered the written request to contravene Camden Local Environmental Plan 2010 in relation to the maximum height of buildings development standard. The Panel considers that compliance with the standard is unreasonable and unnecessary in the circumstances and that, despite the contravention of the development standard, the development satisfies the objectives of the zone and standard, will be in the public interest and is acceptable in the particular circumstances of the case.

2. The development is consistent with the objectives of the applicable environmental

planning instrument, being the Camden Local Environmental Plan 2010. 3. The development is unlikely to have any unreasonable adverse impacts on the

natural or built environment. 4. In consideration of the aforementioned reasons, the development is a suitable and

planned use of the site and its approval is in the public interest.

ATTACHMENTS 1. LEP Assessment Table - 63 Argyle Street, Camden 2. DCP Assessment Table - 63 Argyle Street, Camden 3. Recommended Conditions - 63 Argyle Street, Camden 4. Architectural Plans - 63 Argyle Street, Camden 5. Clause 4.6 Written Request - 63 Argyle Street, Camden

Attachment 1 LEP Assessment Table - 63 Argyle Street, Camden


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Attachment 2 DCP Assessment Table - 63 Argyle Street, Camden


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Attachment 3 Recommended Conditions - 63 Argyle Street, Camden


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Attachment 4 CLPP01

Attachment 5 Clause 4.6 Written Request - 63 Argyle Street, Camden


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CAMDEN LOCAL PLANNING PANEL CLPP02

SUBJECT: DA/2021/456/1 - CONSTRUCTION OF A TWO-STOREY DWELLING HOUSE WITH ANCILLARY SWIMMING POOL AND ASSOCIATED SITE WORKS - 6 DUNSTAN STREET, ORAN PARK

TRIM #: 21/400050

DA Number: 2021/456/1

Development: Construction of a two-storey dwelling house with ancillary swimming pool an associated site works

Estimated Cost of Development:

$500,000

Site Address(es): 6 Dunstan Street, Oran Park

Applicant:

Owner(s):

Number of Submissions: No submissions

Development Standard Contravention(s):

Clause 4.3 Height of buildings

Classification: Local Development

Recommendation: Approve with conditions

Panel Referral Criteria: Departure from Development Standards greater than 10%

Report Prepared By: Lachlan Hutton, Graduate Planner, Gateway Team

PURPOSE OF REPORT The purpose of this report is to seek the Camden Local Planning Panel’s (the Panel’s) determination of a development application (DA) for a two-storey dwelling house with ancillary swimming pool and associated site works at 6 Dunstan Street, Oran Park (Lot 1490, DP 1225553). The Panel is to exercise Council’s consent authority functions for this DA as, pursuant to the Minister for Planning’s Section 9.1 Direction, the development seeks to depart from the Clause 4.3 Height of Buildings principal development standard prescribed in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 by more than 10%. SUMMARY OF RECOMMENDATION That the Panel determine DA/2021/456/1 for a two-storey dwelling house with ancillary swimming pool and associated site works pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 by granting consent subject to the conditions attached to this report.


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EXECUTIVE SUMMARY Council is in receipt of a DA for a for a two-storey dwelling house with ancillary swimming pool and associated site works at 6 Dunstan Street, Oran Park. The DA has been assessed against the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, relevant environmental planning instruments, development control plans and policies. The DA was publicly exhibited for a period of 14 days from the 12 May to 25 May 2021. No submissions were received. The proposed dwelling house has a maximum building height of up to 8.468m, to the top of the building parapet. This exceeds the maximum building height of 5m which applies to the land under Clause 4.3 of Appendix 9 and the Height of Buildings Map, of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 by 3.468m or 69.36%. The applicant has submitted a Clause 4.6 written request to support, and provide justification, for the contravention of the development standard. The contravention and the applicant’s Clause 4.6 written request have been assessed in this report and are supported by Council Staff. The 5m building height limit applying to this site has resulted from a planning anomaly. This anomaly is subject to an imminent housekeeping amendment to the Growth Centres SEPP which will correct this, and instead apply a 9m height of building development standard consistent with neighbouring development in areas of the precinct not subject to the heritage controls (see figure 8.). The Planning Proposal was submitted to the Department of Planning, Industry and Environment for finalisation on the 29 June 2021. While the proposed development is located within the vicinity of Oran Park House, it is outside the curtilage of the State Heritage Item (I5052417) and outside sight lines and key view corridors established within Schedule 4 – Catherine Field (Part) Precinct DCP, and therefore the additional dwelling height has no unreasonable impacts. The height of the proposed dwelling house will be consistent with two-storey dwellings already constructed on lots adjoining the site at 2, 4 and 8 Dunstan Street which all exceed the 5m height control. Development applications for the dwelling houses at 2 and 8 Dunstan Street were determined by the Camden Local Planning Panel (CLPP), with similar development standard contraventions supported by the Panel in those instances. This report also assesses a variation to site coverage controls in section 4.2.5 and Table 4.5 of the Camden Growth Centre Precincts DCP. The variation is supported by Council staff as it will not result in development of inappropriate scale that would otherwise compromise residential amenity of neighbouring properties or the area. Based on the assessment, it is recommended that the DA be approved subject to the conditions attached to this report.


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Based on the assessment, it is recommended that the DA be approved subject to the conditions attached to this report. KEY PLANNING CONTROL VARIATIONS

Building Height - SEPP Proposed Required Variation

SEPP (Sydney Region Growth Centres) 2006 - Clause 4.1 – Building Height – Maximum 5.0m.

8.468m

5m

3.468m to top of building parapet, or

69.36%

Site Coverage - DCP Proposed Required Variation

Camden Growth Centre Precincts DCP - Section 4.2.5 – Dwelling, Height, Massing, and Sitting (Control 2) – Table 4-5 – Maximum 30% Upper Site Floor Coverage.

32.45%

30%

13.01m2

8.19%

AERIAL PHOTO

Figure 1. Aerial Photo.


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THE SITE The site is legally described as Lot 1490 DP 1225553, and more commonly known as 6 Dunstan Street, Oran Park. The site has an area of 529.3m2 and is burdened by an easement to drain water (A) and a restriction 1.8m wide surrounding a retaining wall (U). The lot sits approximately 1.8m lower than adjoining lots to the rear (south/south-east). The proposed development will not conflict with the terms of easement (A) and restriction (U) with the proposed development and all associated works being located outside of the restricted areas. The lot is located adjacent to the curtilage of an item of State Heritage Significance (SHR: 1695) referred to as Oran Park House (refer to figure 5), noting that the curtilage includes residential lots to the rear or south of the site where the height control will apply. The proposed development is consistent with the existing developments in Dunstan Street that includes two-storey dwelling houses already constructed at 2, 4 and 8 Dunstan Street.

Image 1: Photo observing primary boundary – facing south.

Image 2: Photo observing adjoining properties immediately adjacent on Dunstan Street, Oran Park –

facing north.


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THE PROPOSAL DA/2021/456/1 seeks approval to construct a two-storey dwelling house. Specifically, the development involves:

• Construction of a two-storey dwelling house;

• Construction of an inground swimming pool; and

• Associated site works.

Figure 2 – Elevations of proposed dwelling house

AREA MASTER PLAN

Figure 3. Blue ‘X’ denoting location of lot 1490 (the lot) in relation to Catherine Fields (Part) Precinct, Indicative Layout Plan. Ref: Catherine Fields (Part) Development Control Plan, Figure 2-1, Page 4.


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DEVELOPMENT HISTORY The relevant development history of the site is summarised in the following table:

Date Development

DA/2015/1517/1

Development Consent issued on 20 June 2016 for staged subdivision to create 224 residential lots, 3 residue lots, earthworks, roads, services, drainage, retaining walls, landscaping, and associated site works.

• Stage 1A – Tranche 32: 58 Lots.

• Stage 1B – Tranche 32: 45 Lots.

• Stage 1C – Tranche 32: 51 Lots.

• Stage 4 – Tranche 31: 70 Lots.

BACKGROUND The site is located within the vicinity of Oran Park House which is identified as an item of State Heritage Significance under the State Heritage Register as (SHR: 1695). While the site is located within the vicinity of Oran Park House, it is outside the curtilage of the heritage item (see figure 4 below).

Figure 4. Proposed lot as being located outside of the heritage curtilage of Oran Park House (SHR: 15052417). Furthermore, the site is located outside of view lines associated with Oran Park House, as established in the Catherine Fields (Part) Precinct DCP (see figure 5 below).


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Figure 5. Blue ‘X’ denoting location of the subject site in relation to Catherine Fields (Part) Precinct, European Cultural Heritage. Ref: Catherine Fields (Part) Development Control Plan, Figure 2-1, Page 10. The subject site is subject to the maximum height of buildings development standard of 5 metres as prescribed by Clause 4.3 of Appendix 9 of SEPP (Sydney Region Growth Centres) 2006, identified on the height of buildings map 04 “HOB:04” (see figure 6.).

Figure 6. Subject lot 1490 as having maximum building height of 5.0m. The 5-metre building height limit on the site is the result of an anomaly or error in drafting of the Height of Buildings Map in the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (SEPP). The precursor studies and the relevant objectives and controls contained in the Camden Growth Centres Precinct DCP indicate that the subject site was not intended to be included in the single storey / 5-metre building height area for land surrounding the heritage item that is within the listed heritage curtilage.


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Shown below, the Oran Park House Outer Heritage Curtilage Principles (See figure 4-2 from Camden Growth Centres Precinct DCP – Catherine Fields (Part) Precinct (or figure 7 of this report), identifies the site outside the area of Very Low Density Residential intended for single storey dwellings.

Figure 7: Oran Park House Outer Heritage Curtilage Principles – Camden Growth Centres

Precinct DCP – Catherine Fields (Part) Precinct.

The mapping from figure 7 above was intended to protect the view corridors to the heritage item from public spaces. The single storey building height limit was not intended to extend to the subject site. This has previously been confirmed by Council’s Heritage Officer, that the precursor studies and the Height of Building mapping in accordance with the SEPP, lead to an error in SEPP mapping, and that single storey (5.0m) dwellings were never exclusively intended for this site. Furthermore, the precursor studies and the controls in the DCP were based upon consideration of the original heritage curtilage for Oran Park House. The heritage listing in the SEPP, was further amended in 2017 following the listing of the Oran Park House in the State Heritage Register (see figure 8 below).


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Figure 8: Amendments to the heritage listing for Oran Park House – 1 June 2017.

Development applications for two-storey dwelling houses at 2 and 8 Dunstan Street were determined by the CLPP, with similar development standard contraventions being supported. Details of those applications are provided below:

• DA/2018/1109/1 – 2 Dunstan Street, Oran Park - Construction of a two-storey dwelling house. Development standard contravention supported for a maximum building height of 8.2m (RL104.22). Approved by the Panel on 20 November 2018.

• DA/2018/1388/1 – 8 Dunstan Street, Oran Park - Construction of a two-storey dwelling house with a detached cabana and inground swimming pool. Development standard contravention supported for a maximum building height of 9m (RL105.67). Approved by the Panel on 5 February 2019.

A two-storey dwelling house, which has a similar design (i.e. flat roof with parapet) and height (8.021m), was approved at 4 Dunstan Street, Oran Park under a Complying Development Certificate issued by Private Certifier. In dealing with the determination of DA/2018/1388/1, the Panel requested that Council consider a strategic review of the height of buildings development standard in the circumstances where there is inconsistency with the relevant background studies and DCP provisions as they apply to the southern side of Dunstan Street. A Housekeeping Amendment of the Growth Centres SEPP (2006) is currently being finalised by the DPIE, which will amend clauses and maps within State Environmental Planning Policy (Sydney Region Growth Centres) 2006. The Planning Proposal was lodged with the Department for finalisation on the 29 June 2021.


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Under these amendments to the SEPP, the 5-metre building height control will be removed from the southern side of Dunstan Street including the subject site and amended to 9m (HOB 004) (see figure 9 below).

Figure 9. Amended building height map with the height standard for the subject site increased to 9 metres Environmental Planning and Assessment Act 1979 - Section 4.15(1) In determining a DA, the consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the DA: (a)(i) the provisions of any environmental planning instrument The environmental planning instruments that apply to the development are:

• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004;

• State Environmental Planning Policy No.55 – Remediation of Land;

• State Environmental Planning Policy No.20 – Hawkesbury-Nepean River; and

• State Environmental Planning Policy (Sydney Region Growth Centres) 2006. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. A valid BASIX Certificate was submitted with the DA. The proposal has been assessed against the provided BASIX Certificate. The proposal will be able to meet the commitments and targets identified. A condition of consent will be imposed to ensure compliance is achieved. State Environmental Planning Policy No. 55 – Remediation of Land. The SEPP seeks to provide a state-wide approach to remediating contaminated land. The SEPP further seeks to promote the remediation of contaminated land for the purposes of reducing risk and harm to human health and any other aspect of the environment.


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Contamination and remediation were appropriately delt with during the subdivision and, release of the land for residential purposes. There was a phase 2 contamination assessment undertaken and submitted with DA/2015/1517/1 for the release area in which the subject lot is located (Report on Detailed Site Investigation, Tranches 31 to 34 Oran Park, Project 76618.37, Douglas Partners, June 2015). One site required remediation which was approved via DA/2015/1335/1. The identified areas of concern were not located in the vicinity of this lot. State Environmental Planning Policy No. 20 – Hawkesbury-Nepean River The SEPP seeks to ensure protection is maintained for the environment of the Hawkesbury-Nepean river system and that impacts of future land uses are considered in a regional context. The proposed development will not result in detrimental impacts upon the Hawkesbury-Nepean River system. The proposed development will further adopt appropriate sediment and erosion control measures and water pollution control devices that will avoid impacts being caused to watercourses and in turn, the Hawkesbury-Nepean River system. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) The Growth Centres SEPP aims to co-ordinate the release of land for residential, employment and other urban development in the North West Growth Centre, the South West Growth Centre, and the Wilton Growth Area. Site Zoning and Permissibility The site is zoned R2 Low Density Residential pursuant to Appendix 9, Clause 2.2 of the Growth Centres SEPP. The proposed development is defined as a “dwelling house” meaning a building containing only one dwelling. This is permitted with consent in the R2 Low Density Residential zone and will be consistent with the zone objectives, in that it will assist and support the supply of a diverse range of housing types appropriate within a low-density residential environment. Planning Controls An assessment table in relation to the planning controls in the Growth Centres SEPP is provided as an attachment to this report. Clause 4.3 – Height of buildings The application seeks to contravene the height of buildings development standard that applies to the site. The development standard limits buildings to a maximum height of 5 metres above existing natural ground level. The development will have a maximum building height of 8.468 metres.


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Pursuant to Clause 4.6(3) of Appendix 9 the Growth Centres SEPP, the applicant has provided a written request to justify the proposed contravention of the development standard. The written request addresses the matters listed in Clause 4.6(3)(a). This establishes that compliance with the development standard is unreasonable or unnecessary and that the purpose of the standard is not relevant to the proposed development, and that relevant tests established in the Land and Environment Court can also be met. The applicant’s justification includes the following points:

• Noise, overlooking and overshadowing have been addressed in relation to

physical impacts on surrounding development with the arrangement of rooms to mitigate sounds transmission, provisions of obscure glazing where required, increased sill heights and increased setbacks to side boundaries;

• The proposal’s appearance will be in harmony with the buildings around it and the character of the street, with a detached two-storey dwelling house consistent with the adjoining developments. The proposal further achieves compliance with the requirements of the DCP surrounding setbacks and landscaping;

• The development standard has been virtually abandoned or destroyed by actions in granting consents departing from the standard and compliance with the standard is unnecessary or unreasonable. Two DAs have been approved at 2 and 8 Dunstan Street (DA/2018/1109/1 and DA/2018/1388/1) with similar building height variations;

• Compliance with the development standard is unreasonable or inappropriate

due to existing use of land and the current character of the area. The two-storey height is consistent with adjoining development and development opposite the site, with the site located outside of the heritage curtilage of Oran Park House;

• The proposed development is in the public interest being consistent with relevant objectives of the development standard listed under Clause 4.3 of Appendix 9 of the Growth Centres SEPP, with visual impacts minimised and amenity of adjoining development maintained in terms of solar access to buildings and open space;

• The proposed development will be consistent with relevant objectives of the R2 Low Density zone applying to the land and will provide a dwelling that meets the housing needs of the community.

A copy of the applicant’s Clause 4.6 written request is provided as an attachment to this report. It is assessed that the applicant’s justification adequately demonstrates the objectives of Clause 4.6(1) and the matters under Clause 4.6(3) of Appendix 9 of the Growth Centres SEPP. Council staff are satisfied that items 4.6(3a) and 4.6(3b) have been justified accordingly. Therefore, Council staff recommend the contravention request be supported for the following reasons:

1. Planning anomaly. The 5-metre building height limit was imposed on the site as a result of an anomaly or error when drafting the Height of Buildings Map in the SEPP (Sydney Region Growth Centres) 2006. It was never intended to limit the site to be exclusively reserved for single storey dwellings.


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2. Surrounding context and character. The proposed development is consistent with development type along Dunstan Street, being predominately two-storey dwelling houses. It is considered that the proposed development will further assist and, support in supplying a diverse range of housing types appropriate within a low-density residential environment.

3. Previous development standard contraventions.

DAs at 2 and 8 Dunstan Street have previously been approved by the CLPP with similar development standard contraventions.

4. Oran Park House (SHR: 1695).

The site is located within the vicinity of Oran Park House (SHR: 1695) but, is not located in the heritage curtilage associated with Oran Park House. As further established in the Catherine Fields (Part) Precinct DCP, the proposed development is located outside of established sight corridors and view lines. Moreover, the Oran Park House Quarter Concept (see figure 7) identifies the site within the area of 7B which is intended to support double storey dwellings.

5. Housekeeping amendment of Growth Centres SEPP. On the 29 June 2021, a planning proposal was submitted to the Department for finalisation. The housekeeping amendment seeks to increase the height of building development standard from 5 metres to 9 metres. The proposed development complies with this draft development standard, which is imminent.

6. Objectives of Clause 4.3 – Height of Buildings.

Despite the contravention, the proposed development meets the objectives of the development standard. Visual impacts are minimized and solar access to buildings and open space of adjoining development will not be significantly reduced.

7. Objectives of R2 Low Density Residential zone. Despite the contravention, the proposed development meets the objectives R2 Low Density zone which apply to the site. The proposed development will further assist in supplying the community with housing needs typical to a low-density residential environment; it will provide for occupants to carry out a reasonable range of activities that are compatible within the low-density residential environment, while not adversely affecting the living environment of neighbours; and it will further contribute to a range of housing types typical to a low-density residential environment noting that two storey dwellings have been established along Dunstan Street.

The Panel may assume the concurrence of the Secretary pursuant to Planning Circular PS 20-002. Based on the above, it is recommended that the Panel support the applicant’s request to vary the height of buildings development standard. (a)(ii) the provisions of any proposed instrument that is or has been the subject

of public consultation under this Act and that has been notified to the consent authority (unless the Secretary has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved)


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Draft Environment State Environmental Planning Policy (Draft Environment SEPP) The development is consistent with the Draft Environment SEPP in that there will be no detrimental impacts upon the Hawkesbury-Nepean River system as a result of it. Housekeeping Amendment of Growth Centres SEPP As pointed out above, the development is consistent with the new height of buildings development standard (9 metres) under the housekeeping amendment of Growth Centres SEPP that is currently with the DPIE for finalisation / gazettal. (a)(iii) the provisions of any development control plan Camden Growth Centre Precincts Development Control Plan (Camden Growth Centres DCP) An assessment table in which the development is considered against the Camden Growth Centres DCP is provided as an attachment to this report. Upper Floor Site Coverage Under section 4.2.5 and table 4.5 of the Camden Growth Centres DCP, a maximum 30% upper floor site coverage applies to lots greater than 15m width, at the front building line, whereas 35% applies under table 4.4 for lots between 9m and 15m. The subject site is approx. 18.7m width. The proposed development does not comply with the control with upper floor site coverage of 32.45%.

Control Proposed Variation

Section 4.2.5 – Dwelling, Height, Massing, and Sitting (Control 2) – Table 4-5 – Maximum 30% Upper Site Floor Coverage.

32.45%

13.01m2

8.19%

The applicant has requested the variation be supported on the basis that there will be no issues pertaining to noise, overlooking, or overshadowing caused by the variation. Council has further considered the variation against the objectives of section 4.2.5. The proposed development provides a ground floor site cover that is less than the maximum permitted amount of 50%. The development further proposes greater setbacks from western and eastern side boundaries than otherwise specified. Together, it is considered that a variation to the upper site floor coverage, in this instance, will not result in inappropriate scale that would otherwise compromise residential amenity. Consequently, it is recommended that the Panel support this proposed minor variation to the Camden Growth Centres DCP.


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(a)(iiia) the provisions of any planning agreement that has been entered into

under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4

No relevant planning agreement or draft planning agreement exists or has been proposed as part of this DA. (a)(iv) the regulations (to the extent that they prescribe matters for the purposes

of this paragraph) The Environmental Planning and Assessment Regulation 2000 prescribes several matters that are addressed in the conditions attached to this report. (b) the likely impacts of the development, including environmental impacts on

both the natural and built environments, and social and economic impacts in the locality

As demonstrated by the above assessment, the development is unlikely to have any unreasonable adverse impacts on either the natural or built environments, or the social and economic conditions in the locality. (c) the suitability of the site for the development As demonstrated by the above assessment, the site is considered to be suitable for the development. The height, scale and design of the dwelling is consistent with existing residential development on neighbouring lots with a mix of two-storey dwellings, including the two-storey dwelling at 4 Dustan Street which has similar parapet and roof form. There are no expected impacts on the heritage significance of Oran Park House or its view lines. There is an impending amendment to the SEPP which will increase the building height control to 9m in this section of Dunstan Street, and the proposed dwelling will be consistent with this. (d) any submissions made in accordance with this Act or the regulations The DA was publicly notified for a period of 14 days from the 12 May to 25 May 2021. No submissions were received. (e) the public interest The public interest is served through the detailed assessment of this DA under the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000, environmental planning instruments, development control plans and policies. Based on the above assessment, the development is consistent with the public interest. EXTERNAL REFERRALS No external referrals were required for this DA.


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FINANCIAL IMPLICATIONS This matter has no direct financial implications for Council. CONCLUSION The DA has been assessed in accordance with Section 4.15(1) of the Environmental Planning and Assessment Act 1979 and all relevant instruments, plans and policies. The DA is recommended for approval, subject to the conditions attached to this report.

RECOMMENDED

That the Panel: i. support the applicant’s written request lodged pursuant to Clause 4.6(3) of

Appendix 9, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Camden Growth Centres Precinct Plan, to the contravention of the maximum height of building development standard in Clause 4.3 of Appendix 9, State Environmental Planning Policy (Sydney Region Growth Centres) 2006; and

ii. approve DA/2021/456/1 for the construction of a two-storey dwelling house at 6 Dunstan Street, Oran Park, subject to the conditions attached to this report.

REASONS FOR DETERMINATION

1. The Panel has considered the written request to contravene Appendix 9, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 in relation to the maximum height of buildings development standard. The Panel considers that compliance with the standard is unreasonable and unnecessary in the circumstances and that, despite the contravention of the development standard, the development satisfies the objectives of the zone and standard, will be in the public interest and is acceptable in the particular circumstances of the case.

2. The development is consistent with the objectives of the applicable environmental

planning instrument, being Appendix 9, State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

3. The development is unlikely to have any unreasonable adverse impacts on the

natural or built environment.

4. In consideration of the aforementioned reasons, the development is a suitable and planned use of the site and its approval is in the public interest.

ATTACHMENTS 1. SEPP Assessment Table - 6 Dunstan Street, Oran Park 2. DCP Assessment Table - 6 Dunstan Street, Oran Park 3. Recommended Conditions - 6 Dunstan Street, Oran Park 4. Architectural Plans - 6 Dunstan Street, Oran Park 5. Clause 4.6 Written Request - 6 Dunstan Street, Oran Park

Attachment 1 SEPP Assessment Table - 6 Dunstan Street, Oran Park


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Attachment 2 DCP Assessment Table - 6 Dunstan Street, Oran Park


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Attachment 3 Recommended Conditions - 6 Dunstan Street, Oran Park


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Attachment 4 CLPP02

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Attachment 4 CLPP02

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Attachment 4 CLPP02

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Attachment 4 CLPP02

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Attachment 4 CLPP02

Attachment 5 Clause 4.6 Written Request - 6 Dunstan Street, Oran Park


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